Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
State of NCT of Delhi – Appellant
Versus
Bhagat S/o Shri Narender Dev – Respondent
| Table of Content |
|---|
| 1. factual context of the kidnapping incident. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. critique of identification and evidence. (Para 23 , 24 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 3. arguments pertaining to prosecution's failure. (Para 26 , 27 , 28 , 29 , 30 , 31) |
| 4. analysis of recoveries made and their implications. (Para 51 , 52 , 54 , 55 , 56 , 57 , 58) |
| 5. judgment encapsulating the decision on reasonable doubt. (Para 63) |
| 6. conclusion of the appeal and order for dismissal. (Para 64 , 65) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Criminal Appeal under Section 378 (1) of the Code of Criminal Procedure, 193 (hereinafter referred to as “Cr.P.C.”) has been filed against the Judgment dated 09.11.2020, whereby the learned Additional Sessions Judge has acquitted theRespondents, namely, Bhagat, Ashwani Kumar @ Kaka, Rambir under Sections 328 /392/397/411/34 Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) and 25/27/54/59 of the Arms Act, 1959 in FIR No. 0251/2013, P.S. Alipur.
2. The brief facts are that the Complainant/Injured, Shatrughan Prasad, used to drive his own Champion vehicle bearing registration n
The prosecution must establish its case beyond reasonable doubt; any gaps or inconsistencies in evidence are grounds for acquittal.
The court confirmed that robust eyewitness and circumstantial evidence can sustain a conviction for serious crimes like kidnapping and murder, emphasizing reasonable doubt standards.
Prosecution must establish guilt beyond reasonable doubt; reasonable doubts benefit the accused.
Conviction for kidnapping and ransom upheld for some appellants, while one appellant acquitted due to lack of evidence linking him to the crime.
The main legal point established in the judgment is that circumstantial evidence must firmly establish the guilt of the accused, and in the absence of such firm establishment, the benefit of reasonab....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
